House Republicans effectively killed a bill Wednesday that would end child marriages in Tennessee, citing an obscure legal theory that passing the bill could deter a conservative lawyer's case against gay marriage.

Donna Pollard describes getting married at 16 to a 29-year-old man who was her counselor. She is behind Senate Bill 48 to raise the legal age of marriage in Kentucky to 18 years old.
Matt Stone, Courier Journal

House Republicans effectively killed a bill Wednesday that would prohibit child marriages in Tennessee, citing an obscure legal theory that passing the bill could deter a conservative lawyer's case against gay marriage.

The bill, sponsored by Rep. Darren Jernigan, D-Old Hickory, calls for the state to outlaw marriages where one of the parties is under 18 years of age.

Jernigan, and Senate sponsor Sen. Jeff Yarbro, D-Nashville, pointed out a loophole in February that gives a judge discretion to grant marriage certificates to underage individuals with no minimum age limit.

The national nonprofit Unchained at Last has cited marriages in the state involving minors as young as 10 years old, but the state has disputed that figure.

Jernigan and supporters of the bill contend the majority of child marriages involve a female minor and an adult male. Furthermore, supporters of the bill say these marriages face greater than average odds that the minor will be abused.

But Republican lawmakers effectively killed the bill's chances during this legislative session when House Majority Leader Glen Casada, R-Franklin, made a motion to send the proposal to summer study in the House Civil Justice Subcommittee.

Bills do not often come back to be passed after they are sent to summer study sessions.

Casada cited an email he received from attorney and former state Sen. David Fowler, president of the Family Action Council of Tennessee.

Fowler argued that passing Jernigan's bill could interfere with a lawsuit he is mounting to counter the U.S. Supreme Court's 2015 decision in Obergefell v. Hodges, legalizing gay marriage.

Fowler's legal theory is that the Supreme Court's ruling essentially nullified all Tennessee marriage licences, as it required legal marriage to be opened up beyond just a man and a women.

Therefore, according to Fowler, if the state were to move forward with this logic in a legal argument against the ruling, modifying state marriage law could acknowledge its existence.

Jernigan questioned Fowler as to why this should affect his legislation, and Fowler responded, "Some people think the state should regulate marriage, and I do not."

"Basically, what has happened is the Family Action Council wants to continue to let 13-year-olds get married in the state at the sake of their court case against same-sex couples," Jernigan said later. "It's disgraceful. I'm embarrassed for the State of Tennessee, and I can only pray that we bring this back next year and not let them get in the way."

Reach Reporter Jordan Buie at 615-726-5970 or by email at jbuie@tennessean.com. Follow him on Twitter @jordanbuie.